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optic cable within fights -of -way and conduit owned by City, the sole and exclusive use of <br />up to thirty-six fiber strands in SJVMI-nw)ied fiber optic cable that is installed within <br />City -owned rights -of -way or conduit; and <br />13, City believes it is in the public interest to grant to SJVMI the right to install its fiber <br />optic cable within rights -of -way and conduit owned by City and to receive in exchange <br />the sole and exclusive use of up to thirty-six fiber strands in SJVMI-owned fiber optic <br />cable that is installed within City -owned rights -of -way or conduit; <br />NOW THEREFORE, for and in consideration of the foregohig premises and the mutual <br />promises and obligations set forth below, City and SJVMI agree as follows: <br />1. Lang L1,qge,L)c-C <br />1.1 All titles and subtitles appearing in this Agreement have been inserted for <br />convenience and shall not be deemed to affect the meaning, construction, or scope of any <br />of the terms or provisions hereof. <br />1.2 In this Agreement, unless the context otherwise requires, a term that begins with an <br />upper case letter has the meaning assigned in the sentence in which it appears within <br />quotation marks; and the -following terms have the meanings indicated: <br />a. "Board of Public Works" means the Board of Public Works of the City of South <br />Bend, Indiana. <br />b. "Business Days" means every day except Saturdays, Sundays, and legal <br />holidays. <br />c, "Cable" means multi -strand fiber optic cable suitable for telecornrnunications <br />use, <br />d. "City" means the City of South Bend, Indiana, and all departments thereof, <br />including those City departments which exercise independent control over their <br />expenditure of funds, <br />e. "Dark Fiber" means unused fiber strands in Cable. <br />f. "Notice" means communication by one Party to the other Party as described in, <br />and given in accord with, § 19. <br />g. "Party" means City or St. Joe Valley Metronet, Inc. ("SJVMI"). <br />h. "Section" and "§" mean a section of this Agreement. <br />j. "SJVMI" means St. Joe Valley Metronct, Inc. <br />j. "SJVMI Donor" means a Qualifying Capital Donor of SJVMI as defined in <br />SJ_VMI's Bylaws. <br />1.3 Words used in this Agreement, regardless of the gender and number specifically <br />used, shall be deemed and construed to include any other gender, masculine, feminine or <br />neuter, and any other number, singular or plural, as the context requires. <br />1.4 The terms "including", "such us", and similar terms, when used in this Agreement as <br />part of a phrase containing one or more specific items, are to be interpreted as being used <br />by way of example and not of limitation. <br />2. SI co, \ Uwqqnient. <br />2.1 This Agreement sets forth the provisions according to which: <br />a. City grants to SJVMI, and SJVMI accepts, a license to use certain City -owned <br />rights -of -way underground conduits, manholes, and related facilities for the <br />Reciprocal License Agreemeni between Cily 1111d SJVMI hip 3 of 12 <br />